Opinion: Professor Newt Legally Challenged?

Roger Pilon on Newt Gingrich's plan to rein in the judiciary and expand his own powers.

This transcript has been automatically generated and may not be 100% accurate.

... I ... the board ... there are still one of ... the pile on year but the ... professor did last night did have someone interesting ideas about the law in the history of the line ... for discussion that were turning to Roger Puan of the Cato Institute Roger thanks for joining us ... now the that ... the interesting as other proposals Liz Baker Gingrich's alike about whether the ... adjuster relates to a one time of ... frustration among a lot of conservatives with activist judges ... have typically the TheWrap from conservatives have been ... that the they want judges to interpret the law ... not ... make law ... but what speaker for ... the Standard average seems to be saying is ... he doesn't even want judges to interpret the law if I understand correctly it Mrs this is kind of an ... interesting out in a dangerous concept he sang early autumn in Congress and president I guess to the final say on what the law in its ... I can execute his twenty first century contract with America ... and you're a section I reached deals with the judiciary ... which come away with ... is an unbridled attack on the judiciary ... it plays very well in some conservative circles but not in all ... my notice for example just ... today Natura revue ... is coming out with a pretty strong critique ... of Obama and yes I did yesterday in the daily caller ... so ... you've got ... a split among conservatives and it's partially conservative and libertarian and that they're a lot of conservatives ... would change their view is above the judiciary ... over the last two decades remember back ... in the case of the war Neuberger court's ... conservatives were very much opposed to what they saw his judicial activists and not without reason ... but the problem here ... is that you can have a sore hiding judiciary if you're going to have ... a limited government which many conservatives want out ... in fact that's exactly what happened after the new deal ... you remember Roosevelt's trapped ... for six new members ... when or how some of these new deals seems to be unconstitutional ... well what you had and was ... a sport that is high in and it's HPQ purchase ... of branches ... and the modern welfare state reduced in the regulatory state ... or throw ... interesting Lee ... get rich in this up also here's what what ... the Fed is Roosevelt ... on the Mark hacking threat ... and what he wants to support essentially deferred to the political branches ... and anyone who really opposed to ... what he calls judicial spends the next state ... courts having the final word on what the Constitution says ... that's what the framers get it ... there's a ... seventy eight in our ward talent and if that is exactly that judicial supremacy as did the work itself ... in Marbury v Madison in eighteen oh three ... what ... that ... issue also this up as it did last night you mentioned it is planning ... the logs of Roosevelt would say I think I'm on this issue would give a lot of conservatives of us there because I ... reckon if I'm wrong here but if I ... give Roosevelt did not gotten what he wanted after it into been hitting record of that era if you've not got ... the yet the courts of ... agreement to expand the Commerce clause that Obamacare would not ... have a hope of passing muster in the current Supreme Court ... absolutely in fact Obamacare is passed under the Commerce clause one of the great ironies here is the US ... you look at ... Blacksburg time one of the principal architects New Deal reflecting on his works in thirty years later and he wrote ... in order to get our programs through ... we had to engage in torture and interpretations of a document that was intended to prevent that ... in other words they knew exactly what they were when ... they were turning the Constitution on its debt ... and so as a result we have this Leviathan today ... the courts essentially stepped up a picture that they get back in ... in the Illawarra Neuberger courts and they ... always do it right in fact they are really made ... a bunch of that of the of the abortion decision ... Roe v Wade is a perfect example of that ... but then you had ... the right place or ... finally in nineteen ninety five indicates all of the United States v Lopez ... reasserted itself ... saying look Congress has gone too far ... and they found the E ... in that case the other ... the ... Golden gun free school zones acting on Constitution ... oh what Gingrich going ... it's invoking some leftist critics ... critics ... of the ... Rehnquist Court ... people I see no Larry Kramer at Stanford ... law professor Mark Trish MIT and Harvard ... who have ... called on the quarter to a supine ... and deferential in light of the Rehnquist Court's provide ... all the doctrine of enumerated powers ... which can be used against ... at last thing that just this question of ... whether what he's proposing jives with the Constitution you'll quarterly view it is completely unconstitutional for president to ... being himself as the ultimate arbiter of what a lot it's ... I'm ... I wanna ask you the last thing about this to other proposals out one is of ... requiring ... certain judges having Congress subpoena judges to come testify ... and essentially justify the decisions they've made ... the other ideas he wants to ... opt I get rid of the ninth circuit that perhaps some other judgeships is well ... out of my understanding is that ... the ... bottom are these are these unconstitutional or just bad ideas ... first it is included is unconstitutional to drag court ... judge before the war and throw the ... it certainly is contrary to the spirit of the Constitution I mean what kind of circus would be the end that didn't conservatives condemn President Obama ... when he stood there in the state of the Union message and condemned the justices are sitting before them who would respond in that context for their opinions ... in the campaign finance case since June I ... wrote this is exactly what in reverse ... all of our ... Gingrich is generally but right now ... and stick with your other point ... of which was and stay you know ... because they are ... Congress can with the president ... or Bratches Congress to get with the the ninth Circuit if it wants and were up ... I think that there are hundreds of cases right now ... the ninth Circuit waiting to be excited hearing to discuss what's wrong with tonight's or ... what ... Blago most things the idea of abolishing the entire concert which I admit ... it's certain that gives us lots of strange vineyards ... Sprint or or or ... overturn a lot of up so I I thank me the answer is probably ... get elected and appoint better judges of all ... that's ... changed future ... which finger exactly on but it's it's it's kind of thing is just the middle of nowhere ... it's pretty dangerous